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Home My WebLink About2012-02-08 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, FEBRUARY 8, 2012 CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order at 7:10 p.m. on Wednesday, February 8, 2012 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Pamela Bushnell, Commissioner Marion Swenson, Commissioner Michelle J. Gomez and Commissioner Harry Dressler. Vice Mayor Diane Glasser was absent. ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Samuel Goren and City Clerk Peter Richardson. PLEDGE OF ALLEGIANCE: Stephan Skenandore led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation to the Mayor and Commission of a tile from NASA's Space Shuttle Program from Challenger Elementary School Assistant Principal Glenda McMurray and Jordan Hessle, President, Kiwanis K-Kids, and Aiwana Edward, Vice President, Kiwanis K-Kids. b. Presentation of proclamations by Mayor Pamela Bushnell recognizing the accomplishments of Kourtnee Gilbert and Saah Josemond (Requested by Parks & Recreation Director Greg Warner) 2. CITY COMMISSION REPORTS: a. Commissioner Swenson: Noted that she had attended last Thursday's Broward League of Cities Board of Directors meeting in Tamarac and found many of the discussion topics to be timely. Stated that she had been working with a number of residents relative to their issues. b. Commissioner Gomez: Noted with elation that the New York Giants had won this year's Super Bowl game. Stated that it was fabulous to see local children involved in a wide variety of activities and events, including the young people recognized at this evening's City Commission meeting. Made note that she had attended the recent Broward League of Cities Board of Directors meeting, which included the discussion of a number of eye-opening issues for future consideration by the Mayor and City Commission. Noted that she had attended a number of homeowners association meetings over the last few weeks. Page 1 of 6 REGULAR COMMISSION MEETING February 8, 2012 c. Commissioner Dressler: Read extensive excerpts from yesterday's on-line edition of the Sun -Sentinel account by Brittney Wallman regarding the Broward County Commission's February 7th discussion, resulting in a 5-4 vote, for the County to be responsible for legal costs associated with potential lawsuits brought by voters who felt that they were misled by recent ethics code revision related ballot language in the January 31 st 2012 elections held in Wilton Manors, Sea Ranch Lakes and Hillsboro Beach. Commissioner Dressler noted that Broward County Commissioner Stacey Ritter, who voted affirmatively on the matter at the February 7t" County Commission meeting, would be requesting reconsideration of the matter at the next County Commission meeting on Tuesday, February 21, 2012. Commissioner Dressler stated that it did not sound like good public policy, in terms of ethics, or the use of taxpayer funds, for the County to sue a municipality about a referendum matter. d. Mayor Bushnell: Noted that all of the members of the City Commission, including Vice Mayor Glasser, had attended the recent Ethics Summit seven -hour training offered by the Florida League of Cities. Stated that the City of Tamarac had the honor of hosting the most recent Board of Directors meeting of the Broward League of Cities, including an opportunity to spotlight local corporate partners. Commended Public Information and Media Specialist Chad Quinn for his role in a recent article in the current issue of "Quality Cities" magazine relative to the City of Tamarac's use of QR codes. Noted that she had recently received a thank you note from a local school teacher and his students regarding their public meeting project and the openness of the members of the City Commission. 3. CITY ATTORNEY REPORT: Mr. Goren provided a brief update on ethics ordinance matters and noted that more discussions on this subject matter were likely to follow in the future. Mr. Goren also introduced Mr. Brian Sherman, a new associate in his law firm, to the Mayor and members of the City Commission. 4. CITY MANAGER REPORT: Mr. Cernech extended his personal welcome to Mr. Sherman, Mr. Goren's new legal associate. Stated that he and Community Development Director Jennifer Bramley and BSO Chief Marc Duguay had attended the Woodlands annual homeowners association meeting last night. He noted that City staff members continued to work with members of the Woodlands Special Neighborhood Improvement District. Mr. Cernech said that City staff would provide an update on this matter at an upcoming City Commission workshop. Page 2 of 6 REGULAR COMMISSION MEETING February 8, 2012 Mr. Cernech also stated that the merger of the City's former Utilities and Public Works Departments had recently been completed, with Jack Strain serving as Director of the Public Services Department. Mr. Cernech said that work would commence on improvements at the Multi -Purpose Center in the near future. He also noted that the Tamarac Fire -Rescue Department had participated in a recent disaster simulation exercise involving over 530 volunteers throughout the tri-county area. Mr. Cernech said that BSO staff would be briefing the City Commission at an upcoming workshop regarding crime prevention related matters. Mr. Cernech said that registration for recreational girl's softball would commence on February 15th. He also noted that all interested persons were invited to attend the Sweethearts Ball on the evening of Saturday, February 11th, between 6:00 and 8:00 p.m,. at the Tamarac Recreation Center. In addition, he stated that twilight concerts featuring Jimmy and the Stowaways and the Strange Brew Band were planned at the Tamarac Sports Complex. He invited interested parties to contact the Parks and Recreation Department for additional details. 5. PUBLIC PARTICIPATION: Mayor Bushnell opened public participation. Patti Lynn, 6411 NW 58 Street, requested the assistance of her fellow residents in remaining vigilant to help reduce the incidence of crimes of opportunity such as residential burglaries and car break-ins. She also requested that she and her neighbors be kept apprised of any proposed walls or other crime prevention activities in her community. _ 6. CONSENT AGENDA: Mayor Bushnell asked City Manager Cernech whether there were any changes or additions to this evening's consent agenda. City Manager Cernech said there were no changes or additions to the consent agenda. Commissioner Gomez moved, seconded by Commissioner Swenson, to approve the Consent Agenda as presented. The motion was adopted unanimously (4-0). a. APPROVAL OF THE JANUARY 25, 2012 REGULAR COMMISSION MEETING MINUTES APPROVED b. TR12128 - PURCHASE AND INSTALLATION OF CURBING ALONG SOUTHGATE BOULEVARD: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the purchase and installation of Type "F" Curb along Southgate Boulevard from NW 100 terrace to Santa Monica Terrace utilizing the Southeast Florida Governmental Purchasing Cooperative Agreement with Metro Express Inc.; authorizing an expenditure not to exceed $74,400 for said purpose; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; providing for an effective date. RESOLUTION R-2012-17 c. TR12133 - AMENDMENT #3 FERGUSON GROUP LLC: A Resolution of the City Commission of the City of Tamarac, Florida; approving Amendment #3 to the Agreement between the City of Tamarac and the Ferguson Group, LLC, for Federal lobbying services, extending the term of the Agreement for a one year period effective February 12, 2012 through February 11, 2013 at a cost not to exceed eighty-five thousand five hundred ($85,500.00) dollars per year; authorizing the appropriate City Officials to execute the Page 3 of 6 REGULAR COMMISSION MEETING February 8, 2012 Amendment to the Agreement for lobbying services; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-18 d. TR12149 - CITYWIDE INDUCTION STREET LIGHT AND PARKING LOT CHANGE OUT PROJECT: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 11-32B to and approving an Agreement with R&D Electric, Inc. For the Citywide Induction Street Light and Parking Lot Change Out Project, in accordance with Bid No. 11- 32B for a contract amount not to exceed $404,749; a contingency in the amount of $60,700, for a project total of $465,449; authorizing an expenditure from the appropriate accounts; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-19 e. TR12152 - GUARDRAIL IMPROVEMENT PROGRAM: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the purchase and installation of guardrails at various locations throughout the City utilizing the Southeast Florida Governmental Purchasing Cooperative Contract 08-09-001; authorizing purchase and installation of guardrails in the quantities needed per contract 08-09-001 not to exceed $50,000; authorizing an expenditure from the appropriate accounts; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-20 f. TR12156 - APPOINTING A REGULAR MEMBER TO THE PARKS & RECREATION BOARD: A Resolution of the City Commission of the City of Tamarac, Florida, appointing a regular member to the Parks and Recreation Board to serve a term concurrent with the appointing Commissioner or until such time as new appointments are made; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2012-21 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) — FIRST READING: There were no Ordinances — First Reading items scheduled for this meeting. 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 10. ORDINANCE(S) —SECOND READINGS: a. T02239 - NON -REPRESENTED EMPLOYEES PENSION PLAN AMENDMENT: An Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 16, Pensions and Retirement, Article IX, Elected and Appointed Officers and Non -represented Employees Retirement Plan; amending the definition of "Compensation" in Section 16-901 of the Plan to exclude other non-taxable reimbursement, leave payments other than at separation and overtime in excess of 300 hours per year; amending Section 16-906(c) and (e) to lower the interest paid on a return of employee contributions from 4 percent to 2.5 percent; creating Section 16-906(k) to allow employees that were eligible for membership in the Plan but chose to remain in another City sponsored retirement plan at the time the Page 4 of 6 REGULAR COMMISSION MEETING February 8, 2012 Elected and Appointed Officers and Non -represented employees Retirement Plans was established to transfer into the Plan; providing for a savings clause; providing for severability; providing for codification and providing for an effective date. City Attorney Goren read T02239 by title into the record. Commissioner Dressler moved, seconded by Commissioner Gomez, to approve T02239 on second reading. Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the public hearing. The motion to adopt T02239 on second reading was adopted unanimously (4-0). PASSED ON FIRST READING JANUARY 25, 2012 PASSED ON SECOND READING FEBRUARY 8, 2012 ORDINANCE NO. 0-2012-03 b. T02242 - GENERAL EMPLOYEES' PENSION PLAN AMENDMENT: An Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 16, Pensions and Retirement, Article III, Pension Plan, amending the definition of average final compensation to exclude overtime in excess of 300 hours and payments for accrued, unused leave on or after November 9, 2011; amending Section 16-198 (a), (b), and (c) to lower the interest paid on returns of employee contributions from 5 percent to 2.5 percent; providing for a savings clause; providing for severability; providing for codification and providing for an effective date. City Attorney Goren read T02242 by title into the record. Commissioner Gomez moved, seconded by Commissioner Swenson, to approve T02242 on second reading. Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the public hearing. The motion to adopt T02242 on second reading was adopted unanimously (4-0). PASSED ON FIRST READING JANUARY 25, 2012 PASSED ON FIRST READING FEBRUARY 8, 2012 ORDINANCE NO.0-2012-04 c. T02240 - ARCHDIOCESE OF MIAMI (MCNAB) — REZONING: An Ordinance of the City Commission of the City of Tamarac, Florida, amending prior zoning of certain real estate property otherwise known Archdiocese of Miami from A-1 (Limited Agricultural District) to Li_-1 (Light Industrial District), for the property located south of NW 67 Street and north of Stag Street on the west side Nob Hill Road within the Tamarac Commerce Park at-6201 Nob Hill Road (A portion of Tract 4 of Section 7, Township 49 south, Range 41 east of the "Florida Fruit Lands Company's Subdivision No. 2, according to the plat thereof, as recorded, in Plat Book 1, Page 102 of the public records of Palm Beach County, Florida) (Case No. 7-Z-11); providing for amendment of the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02240 by title into the record. Commissioner Swenson moved, seconded by Commissioner Gomez, to approve T02240 on second reading. Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the public hearing. The motion to adopt T02240 on second reading was adopted unanimously (4-0). Page 5 of 6 REGULAR COMMISSION MEETING February 8, 2012 PASSED ON FIRST READING JANUARY 25, 2012 PASSED ON FIRST READING FEBRUARY 8, 2012 ORDINANCE NO.0-2012-05 d. T02241 - ARCHDIOCESE OF MIAMI (NOB HILL) REZONING 7-Z-11: An Ordinance of the City Commission of the City of Tamarac, Florida, amending prior zoning of certain real estate property otherwise known Archdiocese of Miami from A-1 (Limited Agricultural District) to LI-1 (Light Industrial District), for the property located south of NW 67 Street and north of State Street on the west side Nob Hill Road within the Tamarac Commerce Park at 6201 Nob Hill Road (A portion of Tract 4 of Section 7, Township 49 South, Range 41 East of the "Florida Fruit Lands Company's Subdivision No. 2, according to the plat thereof, as recorded in Plat Book 1, Page 102 of the public records of Palm Beach County, Florida) (Case No. 7-Z- 11); providing for amendment of the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02241 by title into the record. Commissioner Dressler moved, seconded by Commissioner Swenson, to approve T0224lon second reading. Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the public hearing. The motion to adopt T02241 on second reading was adopted unanimously (4-0). PASSED ON FIRST READING JANUARY 25, 2012 PASSED ON FIRST READING FEBRUARY 8, 2012 ORDINANCE NO.0-2012-06 11. QUASI-JUDICIAL HEARING(S) 12. OTHER: There being no further business to come before the City Commission, Mayor Bushnell adjourned the meeting at 8.18 p.m. 1 City Clerk ft z Pamela Bushnell, Mayor Page 6 of 6 REGULAR COMMISSION MEETING February 8, 2012